B.Raj Kumar vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble B S Bhanumathi
Listed On:
20 Feb 2023
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Order Text
THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI
Criminal Petition No.965 of 2023
ORDER:
This Criminal Petition is filed under Section 438 Cr.P.C. seeking anticipatory bail to the petitioner/accused in the event of his arrest in Crime No.281 of 2022 dated 02.11.2022 of Rudravaram Police Station, Nandyal District registered for the offences punishable under Sections 403, 409 and 420 IPC.
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The case of the prosecution is that the petitioner who is working as Subpost Master of Rudravaram Post Office has fraudulently prepared withdrawal forms between 14.08.2018 to 16.09.2020, without knowledge of the depositors and misappropriated the amounts to a tune of Rs.89,000/-.
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Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State.
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Perused the record.
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The learned counsel for the petitioner submitted that no offence has been committed by the petitioner and that he has already lost his job as he was compulsorily retired from service and that the amount has been recovered from the pensionary benefits of the petitioner and that there is no loss to the victims.
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Learned Assistant Public Prosecutor opposed the petition submitting that accusation against the petitioner is well founded and the investigation is not completed. He further submitted that the petitioner himself has confessed before the authorities about his misdeed.
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The petitioner has filed similar petition before the V Additional District and Sessions Judge, Kurnool at Allagadda vide Crl.M.P.No.3 of 2023 and the same has been dismissed on 02.02.2023.
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Since the accusation against the petitioner is for serious offence and there is prima facie material in support of the accusation against him, it is not a case fit for granting anticipatory bail at this stage.
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At this juncture, the learned counsel for the petitioner requested to direct the concerned Court to pass orders on the same day when the petitioner surrenders before the Court and moves an appropriate application.
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Accordingly, the Criminal Petition is disposed of rejecting the anticipatory bail, however, giving liberty to the petitioner/accused to surrender before the concerned Court and file appropriate application and on filing such application, the concerned Court shall dispose of the application on the same day as per law.
Pending miscellaneous petitions, if any, shall stand closed.
________________ B.S.BHANUMATHI, J
Dt. 20-02-2023 PNV